Ex Parte Valley et al - Page 11

               Appeal 2007-1280                                                                             
               Application 10/894,950                                                                       


               position with respect to Wedding at pages 13 and 14 of the principal Brief                   
               on appeal and at pages 3 and 4 of the Reply Brief is that this reference is                  
               directed merely to an optical system and not from an electrical system to an                 
               optical system, that the reference does not teach what the Examiner asserts                  
               that it does teach and that the reference does not teach the conversion from                 
               optical to electrical to optical.  This conversion process has been discussed                
               earlier in this opinion and has already been indicated to have been taught in                
               Lenormand.  Even though Wedding does relate to an optical receiver                           
               according to its title, the reference never identifies any optical components                
               and does not characterize any signal as an optical signal to perform any                     
               stated or implied function.  The various flip flops in figures 2 and 4, for                  
               example, would have been interpreted by the artisan as relating to the                       
               processing of electrical signals.  It appears to us that the artisan would well              
               appreciate from the discussion at column 1 of Wedding that he describes that                 
               an optical receiver receives optical energy such as from an optical fiber                    
               cable system and converts the information to electrical energy by the use of                 
               receiving photodiodes mentioned specifically at lines 29 and 43 for later                    
               processing in the reference.                                                                 
                      In view of the foregoing, the decision of the Examiner rejecting                      
               claims 1 through 3, 9, 10, 12 through 17, and 19 through 22 under 35 U.S.C.                  
               § 103 in various rejections is sustained, but is reversed as to dependent claim              
               11.  Therefore, the decision of the Examiner is affirmed-in-part.                            





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